Section 1 Short title
This Act may be cited as the “Protecting Against Compromised Internet of Things Technology Act”.
Protecting Against Compromised Internet of Things Technology Act
A BILL
To establish procedures to include certain foreign persons that pose a threat to the security of supply chains of Internet of Things devices on the Department of Commerce’s Entity List, and for other purposes.
Sec. 2 Recommendations to include covered foreign persons on the Entity List
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Commerce, acting through the Bureau of Industry and Security, shall submit to the End-User Review Committee—
a list of covered foreign persons, if any, that the Secretary determines pose a threat to the security of supply chains of Internet of Things devices; and
a recommendation of whether or not to include each such covered foreign person on the Entity List or make other modifications to the Entity List as appropriate.
Updates of list— The Secretary of Commerce shall submit to the End-User Review Committee an updated list and corresponding recommendations under paragraph (1)—
not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter; and
as new information becomes available.
Sec. 3 Consideration and vote to include covered foreign persons on the Entity List
Not later than 90 days after receiving a list of covered foreign persons and corresponding recommendations required by section 2, the End-User Review Committee shall convene a meeting—
to consider such list of covered foreign persons and corresponding recommendations; and
to hold a vote with respect to including each such covered foreign person on the Entity List or make other modifications to the Entity List as appropriate.
Sec. 4 Federal financial assistance prohibition
Sec. 5 Definitions
In this Act:
Covered foreign person— The term “covered foreign person”—
means a foreign person that produces an Internet of Things device; and
includes a parent company, subsidiary, or relevant senior officer or other official of such foreign person.
End-User Review Committee— The term “End-User Review Committee” means the End-User Review Committee described in Supplement No. 9 to part 748 of the Export Administration Regulations.
Entity List— The term “Entity List” means the list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations.
Export Administration Regulations— The term “Export Administration Regulations” means subchapter C of chapter VII of title 15, Code of Federal Regulations.
Federal financial assistance— The term “Federal financial assistance” means any form of loan, grant, guarantee, insurance, payment, rebate, subsidy, or any other form of direct or indirect Federal assistance (including general or special revenue sharing or formula grants made to States) approved by any Federal officer or agency.
Foreign person— The term “foreign person” means a person that is not a United States person.
Internet of Things device— The term “Internet of Things device” means a device described in section 2(4) of the Internet of Things Cybersecurity Improvement Act of 2020 (15 U.S.C. 278g–3a note).
United States person— The term “United States person” means—
a United States citizen or an alien lawfully admitted for permanent residence to the United States; or
an entity organized under the laws of the United States or of any jurisdiction within the United States, including a foreign branch of such an entity.